Sec. 6. Money in the fund may be used to provide cemetery maintenance when the board finds:
(1) that:
(A) the owner of a cemetery is unable to maintain the cemetery;
(B) money in the perpetual care fund of the cemetery is depleted, subject to a dispute that prevents distribution of the money, or otherwise unavailable for the purposes of the perpetual care fund; and
(C) interested persons are unable to take over the management, care, and general supervision of the cemetery under IC 23-14-48-10; or
(2) that the appreciation and income of the principal of a cemetery's perpetual care fund that are available under IC 23-14-48-2 are not sufficient to meet the cemetery's immediate maintenance needs (as defined in IC 23-14-48-1.5).
As added by P.L.65-2007, SEC.3. Amended by P.L.14-2018, SEC.6.
Structure Indiana Code
Title 23. Business and Other Associations
Article 14. Cemetery Associations
Chapter 48.5. Consumer Protection Fund for Cemetery Maintenance
23-14-48.5-5. Duties of Cemetery Owner; Payment
23-14-48.5-6. Use of Money in Fund
23-14-48.5-7. Application for Funds; Maximum Withdrawal; Recovery; Suspension of Payments to Fund